GHS Marriage and Adult Partnerships Questions

1.Today, states consider most assets that are acquired or enhanced during the marriage to be marital property. In what ways does this encourage or discourage couples from seeking the legal status of marriage? Consider whether this approach is more likely to inflame or quell hostility at the time of divorce.

2.Given that cohabitation is now common and lacks the stigma it had 40 years ago, should legislatures and courts move in the direction of more immediate termination of spousal support if post-divorce cohabitation occurs? In what ways would this approach promote or discourage economic justice? What factors affect assessment of this proposed change? How does a preliminary self-assessment of one’s future status as a potential payer or a payee affect one’s judgment of spousal support rules?

3.The spousal support and property division schemes work independently of child support, although what is typically the largest asset—the home—is likely to remain with the parent awarded custody. The custodial parent may continue to reside in the marital home, but the home will likely be sold when the youngest child reaches the age of 18, with the proceeds being divided between the ex-spouses. In the interim, compensation for the use of the home may need to be paid to the non-residential parent. What basis might there be for the argument that this adds an irrelevant factor to child custody disputes—motivating a parent to seek custody solely to remain in the marital home?